Etsy Cancellation Rights

gabby71

Hiya

I ordered a wall bar for my kitchen on Saturday morning via an Etsy seller.
I mentioned it to my daughter later that morning who told me she has already bought me one for Christmas (personalised so no option to return that one)
I immediately messaged the seller I had purchased from to explain, and asked to cancel my order, I received an auto response advising someone would get back to me within 24 hours.
I noticed their t&c’s say they do not offer refunds or cancellations but I’d like to know if they are entitled to do this as I thought distance buyers are protected in the same way as they would be if the item was purchased on the high street.
I have not yet received a response from the seller - assuming the 24 hour response does not include weekends..
Just want to know where I stand legally.

many thanks

Gab

Manxman_in_exile

gabby71 said:

...
I noticed their t&c’s say they do not offer refunds or cancellations but I’d like to know if they are entitled to do this as I thought distance buyers are protected in the same way as they would be if the item was purchased on the high street.
...

Just to correct one apparent misapprehension - you do generally have a statutory right to cancel a distance order within 14 days, but there is no equivalent right to cancel a purchase "on the high street".  So you have better protection with a distance contract.

I'm never sure with market places like Etsy - is this a purchase from a business or from a private individual, and how did you pay?

gabby71

Hiya

it was from a business, I chose to pay in 3 instalments via Klarna so the first payment was taken immediately and the other 2 will be taken over the next 3 months

Gab

FireCracker5189

As long as a item hasn’t been personalised then a business (I’ll assume you bought from a business seller) they can’t refuse to cancel a sale unless like I said you bought a personalised item that can’t be resold.

Does the seller provide any contact number at all?

the_lunatic_is_in_my_head

Etsy is lax on enforcing the right to cancel, addresses being displayed, etc. 

If a wall bar is the type of thing below then it will most likely be a business seller and the right to cancel exists (assuming the seller is in the UK or EU), the cancellation period will probably extended based on their statement of no returns, etc as it's doubtful they'll be complying with the required information. 

If the seller doesn't help pester Etsy. 

 

Manxman_in_exile

The Consumer Contracts (Information, Cancellation etc... ) Regulations 2015 allow you to cancel the contract within 14 days of receipt of the goods.

The right to cancel is here:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)   

Just make sure none of the exceptions apply.

The cancellation period is explained here:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

How to exercise the right to cancel is here:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

the_lunatic_is_in_my_head

Manxman_in_exile said:

The Consumer Contracts (Information, Cancellation etc... ) Regulations 2015 allow you to cancel the contract within 14 days of receipt of the goods.

The right to cancel is here:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)   

Just make sure none of the exceptions apply.

The cancellation period is explained here:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

How to exercise the right to cancel is here:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Just to note the consumer may cancel from the moment an off premises contract is entered into, the normal cancellation period expires 14 days beginning the day after delivery.  

gabby71

Yes it is similar to the picture, I just checked and they do not provide a contact number.
Thank you so much for the info, I’ll chase them again now and will let you know how I get on

many thanks

Gab

pinkshoes

Have you contacted Klarna yet? You can let them know you have cancelled and their T&Cs state that once they get confirmation from the seller that you have cancelled they will refund within 14 days. 

I'm assuming it's a UK seller on Etsy?

gabby71

No I haven’t contacted Klarna - I’ll do it now, thank you 😊 
yes it is a UK seller